K.Umapathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.18930 and 18931 of 2018

1. K.Umapathi

2. K.Jayavelu ... Petitioners -Vs1. The District Collector, Collectorate, Sathuvachari, Vellore, Vellore District.

2. The District Revenue Officer, Vellore District, Vellore.

3. The Revenue Divisional Officer, Ranipet, Vellore District, Vellore.

4. The Thasildhar, Taluk Office, Nemili Taluk, Vellore District.

5. The Village Administrative Officer, Ocheri Village, Nemili Taluk, Vellore District.

6. Thenmozhi

7. Jayaswari ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying

for the issuance of a Writ of Certiorari, to call for the records related to order passed by the second respondent dated 16.04.2018 in Ni.Mu.D3/17491/2017 order of the third respondent dated 21.10.2017 in Mu.Mu. (A4) 3521/2017 and to quash the same.

For Petitioners : Mr.A.Gouthaman For R1 to R5 : Mr.N.Naveen Kumar Government Advocate For R6 and R7 : No appearance

ORDER

This writ petition has been filed challenging the order passed by the second respondent dated 16.04.2018 in Ni.Mu.D3/17491/2017, thereby confirming the order of the third respondent dated 21.10.2017 in Mu.Mu.(A4) 3521/2017 as against the issuance of patta in favour of the 6th and 7th respondents.

2. Heard the learned counsel for the petitioners and the learned Government Advocate for the respondents 1 to 5 and perused the materials available on record.

3. The petitioners owned property to an extent of 1.15 acres out of 1.46.0 hectares in Dry.S.F.No.56/1 at Ocheri Village, Nemili Taluk, Vellore district. Thereafter, the said property was converted into house sites and sold out to

several persons. One of the plots was sold out in favour of the father of the respondents 6 and 7 herein. In the meanwhile, the subject land and the remaining land owned by the petitioners were acquired for the purpose of widening the Chennai-Bangalore high way. Part of the land of the respondents 6 and 7 was also acquired and even then, they were granted patta for the entire extent of the property ad-measuring 1200 sq.ft as per the sale deed. Now, taking advantage of the said patta, the respondents 6 and 7 herein are acquiring the remaining land of the petitioners. Therefore, the petitioners challenged the issuance of patta in favour of the respondents 6 and 7 herein and the same was rejected and also confirmed by the second respondent.

4. A perusal of the counter filed by the third respondent as well as the respondents 6 and 7 herein and on the submissions made by the learned Government Advocate appearing for the respondents 1 to 5 herein revealed that the petitioners had converted the subject land into house sites and sold out to various persons including the respondents 6 and 7 herein. Though the petitioners had knowledge about the notification for acquisition of the land for extension of the National Highway, the petitioners had converted the subject land into house sites. In fact, without any layout approval, they had sold out the house sites to various persons. During the acquisition proceedings, the Award

was passed for whatever the land belonging to the petitioners were acquired.

5. A perusal of records revealed that the land owned by the petitioners and one G.K.Thandapani, ad-measuring 1370 sq.m in S.No.56/1A of Ocheri Village was acquired for the purpose of widening the existing National Highways road abetting the widened road in S.No.56/1, the petitioner's had sold out their land ad-measuring 1.15 acres out of 1.46.0 hectare in S.No.56/1 situated at Ocheri village, Nemili Taluk. Therefore, no plots which were sold by the petitioners were affected under the land acquisition proceedings for National Highway. Even as per the sale deed produced by the petitioners, all the lands are situated adjacent to Chennai-Bangalore National Highway. After purchase of their respective plots by the respondents 6 and 7 herein, the subject land was sub-divided as S.No.56/9 in favour of the 6th respondent and S.No.

56/12 in favour of the 7th respondent and issued patta. Therefore, when no acquisition proceeding was made in respect of the plots which were sold out by the petitioners, the petitioners cannot challenge the issuance of patta in favour of the purchasers. Therefore, the request made by the petitioners was rightly rejected by the third respondent and confirmed by the second respondent.

6. In view of the above, this Court finds no infirmity or illegality in the

order passed by the second respondent dated 16.04.2018 in Ni.Mu.D3/17491/2017, thereby confirming the order of the third respondent dated 21.10.2017 in Mu.Mu.(A4) 3521/2017 and the writ petition is devoid of merits and is liable to be dismissed.

7. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. No costs. 19.09.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The District Collector, Collectorate, Sathuvachari, Vellore, Vellore District.

2. The District Revenue Officer, Vellore District, Vellore.

3. The Revenue Divisional Officer, Ranipet, Vellore District, Vellore.

4. The Thasildhar, Taluk Office, Nemili Taluk, Vellore District.

5. The Village Administrative Officer, Ocheri Village, Nemili Taluk, Vellore District.

19.09.2025